Manufacturing Action Group Inc v Polar Heights Pty Ltd & Ors [1996] FCA 114

Manufacturing Action Group Inc v Polar Heights Pty Ltd & Ors [1996] FCA 114

Because a serious question to be tried was conceded, the delay was largely explained by negotiations, and the balance of convenience favoured restraining dealings with arguably infringing material subject to liberty to apply, interlocutory injunctive relief was granted on condition that the applicant give the usual undertaking as to damages and provide A$100,000 security for that undertaking and the respondents' costs of the application.

Jurisdiction
Australia
Judgment Date
13 February 1996
Procedural Posture
Copyright Infringement Proceeding / Interlocutory Application for Injunctive Relief
Outcome
Interlocutory injunction granted conditionally; directions made for defences, pre-trial and mediation conference, costs, adjournment of the respondents' motion, and liberty to apply.
Legal Topics
['interlocutory Injunction' 'computer Programs' 'literary Works' 'balance of Convenience' 'undertaking as to Damages' 'security for Costs' 'pre Trial and Mediation Conference']
['intellectual Property' 'copyright' 'civil Procedure'] ['interlocutory Injunction' 'computer Programs' 'literary Works' 'balance of Convenience' 'undertaking as to Damages' 'security for Costs' 'pre Trial and Mediation Conference']

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Procedural Posture

Copyright Infringement Proceeding / Interlocutory Application for Injunctive Relief

Legal Issues

  1. 1 ['Whether interlocutory injunctive relief should be granted in respect of alleged copyright infringement in computer programs and ancillary literary works.' 'Whether delay since the issues were first raised should bar interlocutory injunctive relief.' 'Whether the balance of convenience favoured granting the injunction.' "Whether the applicant should provide security for its undertaking as to damages and for the respondents' costs of the application."]

Ratio Decidendi

Because a serious question to be tried was conceded, the delay was largely explained by negotiations, and the balance of convenience favoured restraining dealings with arguably infringing material subject to liberty to apply, interlocutory injunctive relief was granted on condition that the applicant give the usual undertaking as to damages and provide A$100,000 security for that undertaking and the respondents' costs of the application.

Court Disposition

Interlocutory injunction granted conditionally; directions made for defences, pre-trial and mediation conference, costs, adjournment of the respondents' motion, and liberty to apply.

Orders

  • ["Upon the applicant, by its Counsel, giving the usual undertaking as to damages and upon the applicant within seven days providing security in the sum of A$100,000 in a form acceptable to the Victoria District Registrar for its undertaking as to damages and for the respondent's costs of the application, the first,...